1. Local Digital Campaign Overview of the Care Bill & Forthcoming Consultation #LocalDigital @LocalDigitalGov Simon Medcalf, Deputy Director Social Care Policy and Legislation, Department of Health

2. The Care Bill: Reforming care and support 2 May 2014 3. National Assistance Act 1948: established the welfare state and abolished the Poor Laws 1948 1960 1970 Chronically Sick and Disabled Persons Act 1970: reforms to key entitlements to community services A brief history of care and support NHS and Community Care Act 1990: first major set of reforms, including first right to assessments and start of commissioner/ provider split. 1980 1990 2000 2010 Carers (Recognition and Services) Act 1995: the first Act to recognise carers Community Care (Direct Payments) Act 1996: new powers to make direct payments Carers and Disabled Children Act 2000: extending direct payments to carers Health and Social Care Act 2001: updates on direct payments Social care law and policy has evolved over more than 65 years, incorporating around 30 Acts of Parliament, but reform has usually been piecemeal. As a result, the current system, and the law which underpins it, are not fit for purpose to respond to the future challenges faced by care and support. The Care Bill: reforming care and support 4. Promote peoples wellbeing Enable people to prevent and postpone the need for care and support Put people in control of their lives so they can pursue opportunities to realise their potential The care and support White Paper was published in July 2012 and set out the Governments vision for the future system. If adult care and support in England is going to respond to challenges it must help people to stay well and independent: Caring for our Future The Care Bill: reforming care and support 5. The Care Bill: reforming care and support The Bill is built around people, it: ensures that peoples well-being, and the outcomes which matter to them, will be at the heart of every decision that is made; puts carers on the same footing as those they care for; creates a new focus on preventing and delaying needs for care and support, rather than only intervening at crisis point, and building on the strengths in the community; embedding rights to choice, personalised care plans and personal budgets, and ensuring a range of high quality services are available locally. The Bill makes care and support clearer and fairer, it: extends financial support to those who need it most, and protects everyone from catastrophic care costs though a cap on the care costs that people will incur. will ensure that people do not have to sell their homes in their lifetime to pay for residential care, by providing for a new universal deferred payments scheme; provides for a single national threshold for eligibility to care and support; supports people with information, advice and advocacy to understand their rights and responsibilities, access care when they need it, and plan for their future needs; gives new guarantees to ensure continuity of care when people move between areas, to remove the fear that people will be left without the care they need; includes new protections to ensure that no one goes without care if their providers fails, regardless of who pays for their care. What does the Care Bill do? 6. The Care Bill: topic by topic Clause No. Topic 1-7 General responsibilities of local authorities (well-being, prevention, integration, information and advice, market shaping) 8-13 Assessment and eligibility 14-17 Charging and the cap on care costs 18-23 Meeting needs 24-33 Care and support planning (personal budgets, direct payments) 34-36 Deferred payment agreements 37-41 Moving between areas 42-47 Safeguarding 48-57 Provider failure and market oversight 58-66 Transition from childhood 64-73 Other provisions (inc. debt recovery, hospital discharge, prisons) Part 1 of the Care Bill provides the legal framework for the reform programme, with numerous individual reforms provided for over 79 clauses. Some of the key reforms are highlighted in the next two slides. The Care Bill: reforming care and support 7. The Care Bill: reforming care and support legislation Progress in Parliament 1 2 C R 3 1 2 C R 3 A Royal Assent Draft Care & Support Bill The Care Bill has almost completed its passage through Parliament, after nearly five years development and engagement. Law Commission 3-yr report on adult social care published in May 2011. Draft Care and Support Bill published in July 2012. Public consultation to mid October 2012. Pre-legislative scrutiny report in March 2013. Bill introduced to Parliament in May 2013 Lords Second Reading on 21 May 2013. Lords Committee stage from June-July 2013. Lords Report stage and Third Reading in October 2013. Commons Second Reading on 16 December 2013. Commons Committee stage in January 2014. Commons Report stage and Third Reading in March 2014. Ping-pong planned for May 2014. Royal Assent expected in May 2014. 8. The Care Bill: reforming care and support Implementing the reforms Primary legislation the Care Bill The legal duties and powers Secondary legislation the regulations More detail on critical requirements, often related to processes. The scope of regulations will depend on the powers specified in the Bill. Statutory guidance Guidance on how to meet legal obligations in the Bill. Will set out at a high-level the expectations of local authorities when exercising their functions. These are not mandated requirements, but the LA must have cogent reasons that it can legally justify if it wants to take another course. Practice guidance/implementation support Best practice guidance, toolkits and other products which help support implementation. These do not have any legal status, so may be used by LAs, or not. They will vary from one area to another, and should be agreed/co-produced with stakeholders to ensure buy-in. 9. The Care Bill: reforming care and support Regulations and guidance Major programme of work underway to produce the regulations and statutory guidance. Being produced in partnership with a wide range of stakeholders in the same collaborative approach used to produce the Bill. Draft regulations and guidance for 2015/16 will be published for public consultation in May 2014. Final publication of regulations and guidance in October 2014. There will be around 20 sets of regulations, including: Assessment National eligibility criteria Charging Financial assessment Care planning Direct payments Continuity of care Ordinary residence Choice of accommodation Deferred payments Market oversight 10. The Care Bill: reforming care and support Implementing the reforms: management The reforms will involve significant changes to how local authorities operate currently. Wide-ranging engagement with local government and other key stakeholders to shape and guide reforms. DH, LGA and ADASS has established a joint programme office to support implementation and understand LA readiness and risks to delivery. Now looking to add provider and voluntary sector support to the office. Range of implementation tools being co-produced covering practice guidance, IT, workforce training, commissioning standards, and financial modelling. 11. Stakeholder engagement groups Assessment & Eligibility Information & Advice Quality & Safety Prevention Care MarketsPaying for Care Care Planning & Personalisation ADASS Housing Network TLAP Info, Advice & Brokerage working group Paying for Care Task & Finish Group (with input from ADASS Resources network) DCMQC Project Board Market Oversight & Provider Failure working group Charging for Care Cross-border placements Virtual reference group Care planning & personalisation Working Group Care & Support Programme Board Law Reform Delegation Virtual Advice Network A&E Task & Finish Group (TG) Integration Implementation Board C&S in Prisons:: Health & Justice Partnership Board Inter- departmental Ministerial Group (IDMG) NHS key Stakeholder Groups InformaticsPaying for the Reforms WorkforceCommunications Outcomes & Information Development Board Adult Social Care Workforce Development Board Mkt shaping & commissioning sub-group of TLAPs National Market Forum Info and Advice Core Advisory group Safeguarding Adult Advisory Group (SAAG) National Informatics Board Care and Support Reform Comms Group ITF Ministerial Board Continuity of care Virtual Advice Network X-Government carers strategy Board Prevention Task and Finish Group Ordinary Residence Virtual reference group Advocacy Core Advisory Group 4x Stakeholder T&F Groups: Family and Community Safeguarding Adults Multi-agency Practice Cross- Governmental officers Group Virtual reference groups: Advocacy Info & Advice Working Age Adults working group Choice of accommodation Virtual reference group Standing Commission on Carers Transition working group ADASS IMG CSA Bill Group Virtual reference group Transitional Provision Virtual reference group Sight Registers Paying for Care Task & Finish Group (with input from ADASS Resources network) Longer-term group (TBC) LGA/ADASS Working group The Care Bill: reforming care and support Work-streamsGroupsEnablers 12. Scale and complexity of the task facing local authorities and the demands on capacity, and competition for attention. Need to maintain engagement in key areas of policy, regulation and guidance, and consider further support needs for implementation. Communications challenge to ensure public awareness and local readiness for reforms. Great deal of the context for the Bill clear, but some key policy yet to be finalised e.g. working age cap. Links to Better Care Fund and Integration which are a key part of delivery of social care reform. IT meeting the requirements of the Bill but also the future challenge of integration, shared records and customer access. Workforce developing the skills, ensuring capacity, at the pace required to meet local needs and respond to local challenges. Implementing the reforms: challenges ahead The Care Bill: reforming care and support 13. New web site http://www.local.gov.uk/care-support-reform Implementing the reforms: more information The Care Bill: reforming care and support 14. Next steps Governance and assurance: Ongoing review and revision to approach to risks across the programme. First LA stocktake survey of readiness in April/May. MPA Gateway Review in May/June. Regulations and guidance: Consultation on 2015/16 regulations and statutory guidance from May 2014. Finalise 2015/16 regulations and guidance by October 2014. New statute will come into force in April 2015 (funding reforms April 2016). Implementation support: Ongoing work to identify priority areas and develop practice guides, toolkits and implementation support over 14/15. Engagement to increase the level of awareness among council chief executives and council leaders in implementation of these reforms. The Care Bill: reforming care and support